The Extreme Risk Protective Order Act 2018 became active in New Jersey’s enforcement on September 1, 2019. This new law gives the courts the authority to seize guns and weapons from people who put themselves or the community in danger. A person is not allowed to own or buy a firearm after a New Jersey Extreme Risk Protection Order is issued by the court. Suppose you received a temporary New Jersey Extreme Risk Protection Order. In that case, you need to immediately hire an attorney to help you prepare for your final New Jersey Extreme Risk Protection Order hearing and aggressively represent you there. Enlist the assistance of a skilled defense attorney at the Law Offices of SRIS, P.C., who can advocate for your rights under the Second Amendment and safeguard your interests.
What is New Jersey Extreme Risk Protection Order?
Guns and weapons can be seized by court order under the New Jersey Extreme Risk Protection Order Act if a person poses a severe threat of harm to themselves or others by possessing a firearm. You may lose your right to carry a firearm if a temporary New Jersey Extreme Risk Protection Order becomes final.
What is the New Jersey Extreme Risk Protection Order used for?
If a person poses a threat of self-harm or harm to others, petitioners and law enforcement can apply to the court for the New Jersey Extreme Risk Protection Order to prevent them from purchasing or possessing a firearm under New Jersey’s Red Flag Law. The legislature of New Jersey enacted the Extreme Risk Protective Order Act to address the rising rate of gun violence and mass shootings. This Act addresses the need for protection against people who own, possess, buy, or use firearms and weapons to harm themselves or others and people with mental illness or other security risks. The legislation aims to stop tragic incidents involving firearms before they happen. The New Jersey Extreme Risk Protection Order safeguards potential victims of violence from a dangerously unstable individual deemed unsuitable to own or possess a weapon by removing the firearms and the ability to buy or possess them from the individual.
Who can get New Jersey Extreme Risk Protection Order?
Under the Extreme Risk Protection Act of 2018, law enforcement officers and household members of the accused are eligible petitioners for a New Jersey Extreme Risk Protection Order. Essentially, the same people qualify for a restraining order under the Prevention of Domestic Violence Act; however, the New Jersey Extreme Risk Protection Order petitioner need not have been the victim of domestic violence to apply for one. The basis for the order is the belief that a person possessing a firearm poses a threat of serious body harm to themselves or another person. A petitioner may file a Temporary New Jersey Extreme Risk Protection Order with the Superior Court or with law enforcement if danger is imminent. Due to safety concerns regarding someone else who possesses a gun, including a handgun, shotgun, rifle, or other firearms, third parties who do not qualify as household members or family members may request that the police issue the order.
A petitioner must appear in the Superior Court of the jurisdiction where the respondent resides and support the petition with testimony and affidavits to obtain a Temporary New Jersey Extreme Risk Protection Order. If granted, the Temporary New Jersey Extreme Risk Protection Order is served on the respondent, and, if necessary, a search warrant for firearms, weapons, or ammunition is executed.
In New Jersey, what factors does the court consider when deciding whether to issue a final extreme risk protective order?
Within ten days, both parties can present evidence, testimony, and witnesses at the Final New Jersey Extreme Risk Protection Order hearing. The judge must determine that the respondent poses an direct threat of danger to self or others by a preponderance of the evidence, or more convincingly than not, before ordering a New Jersey Extreme Risk Protection Order.
When deciding whether to issue a Temporary New Jersey Extreme Risk Protection Order or Final New Jersey Extreme Risk Protection Order, judges take into account whether the respondent:
- Is or has been the subject of temporary or final restraining orders or ERPOs
- Has violated a temporary, final or ERPO
- Is or has been the subject of a sexual assault restraining order or has violated an order
- Recently purchased a weapon, firearm, or ammunition
- Has ever used or brandished firearms
- Has ever had mental health issues or is receiving treatment for such conditions
- Has had an alcohol or drug abuse problem
- The relevant factors and additional guidance have been explained in the Guidelines for
To know more about the New Jersey Extreme Risk Protection Order, talk to our attorney at the Law Offices of SRIS, P.C., immediately!